Subchapter
003
:
PROTECTING AGAINST FINANCIAL EXPLOITATION

(Cite as: 33 V.S.A. § 6952)

§
6952. Civil action for relief from financial exploitation

(a) Right of
action. A vulnerable adult or his or her agent or guardian may bring an action
in the Civil Division of the Superior Court pursuant to this section for relief
against a natural person who, with reckless disregard or with knowledge, has
engaged in the financial exploitation of the vulnerable adult. An action under
this section shall be dismissed if the court determines the vulnerable adult is
capable of expressing his or her wishes and that he or she does not wish to
pursue the action.

(b)(1) Remedies.
If the court finds that financial exploitation of a vulnerable adult has
occurred, the court shall grant appropriate relief to the vulnerable adult,
which may include money damages, injunctive relief, reasonable costs,
attorney's fees, and equitable relief.

(2) If the
financial exploitation was intentional, the court may grant exemplary damages
not to exceed three times the value of economic damages.

(c) Effects on
other parties. No relief granted or otherwise obtained pursuant to this section
shall affect or limit in any way the right, title, or interest of a good faith
purchaser, mortgagee, holder of a security interest, or other party who
obtained an interest in property after its transfer from the vulnerable adult
to the natural person who engaged in financial exploitation. No relief granted
or otherwise obtained pursuant to this section shall affect any mortgage deed
to the extent of the value provided by the mortgagee.